"We must be ready to dare all for our country. For history does not long entrust the care of freedom to the weak or the timid. We must acquire proficiency in defense and display stamina in purpose." - President Eisenhower, First Inaugural Address

Destroyer Fun

Wednesday, August 03, 2005

Update: I don't agree that the pirates of the Malacca Strait are not "terrorists" in that I believe that the purposes for which the "sea robbery" and kidnappings are used is determinative e.g there's a difference between robbing to get money to support your family (that's robbery) and using money to fund terrorist related activities (that's terrorism). And, Professor, the Strait of Malacca is not controlled by China, much as they might like it to be. See, it's surrounded by Malaysia, Indonesia and Singapore.

INTERNATIONAL LAW LACKS A DEFINITION FOR TERRORISM as a crime. According to Secretary General Kofi Annan, this lack has hampered "the moral authority of the United Nations and its strength in condemning" the scourge.

But attempts to provide a definition have failed because of terrorists' strangely hybrid status in the law. They are neither ordinary criminals nor recognized state actors, so there is almost no international or domestic law dealing with them. This gives an out to countries that harbor terrorists and declare them "freedom fighters." It also lets the United States flout its own constitutional safeguards by holding suspects captive indefinitely at Guantánamo Bay. The overall situation is, in a word, anarchic. ..Coming up with such a framework would perhaps seem impossible, except that one already exists. Dusty and anachronistic, perhaps, but viable all the same. More than 2,000 years ago, Marcus Tullius Cicero defined pirates in Roman law as hostis humani generis, "enemies of the human race." From that day until now, pirates have held a unique status in the law as international criminals subject to universal jurisdiction—meaning that they may be captured wherever they are found, by any person who finds them. The ongoing war against pirates is the only known example of state vs. nonstate conflict until the advent of the war on terror, and its history is long and notable. More important, there are enormous potential benefits of applying this legal definition to contemporary terrorism.

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EagleSpeak

About EagleSpeak

The main focus of this blog is maritime security. Other matters may appear. I am a retired attorney and a retired Navy Reserve Captain (Surface Warfare). Opinions expressed herein are my own. Sometimes I have the experience to back them up. Your opinions may vary. Don't panic. Feel free to disagree, that's what free speech is all about.
Nothing contained herein should be confused as me giving legal advice to anyone. If you are confused, welcome to the club. All mistakes herein are my fault. I have sufficient academic credentials to be dangerous to myself and to others.
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Under the header: ,USS Farragut (DDG 99), USS Jason Dunham (DDG 109) and USS Winston S. Churchill (DDG 81) (U.S. Navy photo by MC2 Anthony Flynn/Released)